PORTLAND, OREGONDECEMBER 12, 2014

Human Rights 101How to use human rights in everyday

practice

Presentation Overview

Introduction

Why Human Rights?

Human Rights 101

Center for Human Rights & Humanitarian Law at

American University Washington College of Law

Provides scholarship and support for human rights initiatives around the world

Works with students, academics and practitioners

Center’s Projects

Local Human Rights Lawyering Project

Anti-Torture Initiative www.antitorture.org

Disability RightsInitiative for Human Rights in

Business www.ihrib.org

More

Local Human Rights Lawyering Project

• Initial Project Partners: • Maryland Legal Aid, Texas RioGrande Legal

Aid

• 3 year long project • Funding for Human Rights Coordinators• Technical assistance• Legal Resources• Consultants• Advisory board

Overarching Goal of the Project

• Integrate human rights into everyday work of all staff at partner organizations• Legal Arguments• Client-staff Relationship• Office Systems

Resources Provided by the Project

• Handbook• In-person trainings• Webinars

1. Introduction to the Handbook2. Housing Rights3. Domestic Violence & Human Rights4. International Legal Research5. Disability Rights6. Right to a Healthy Environment7. Right to Counsel 8. How to File a Case before the Inter-American

CommissionAnd more

Introduction to the Handbook

• Aims to get practical and useable human rights information into the hands of legal aid attorneys

• Principles used for drafting:• Simple language• Everyday use• Repetition

• Handbook is available for download on our website: (http://www.wcl.american.edu/humright/center/locallawyering.cfm)

Handbook Overview

Part 1

Part 2

Part 3

Part 4

Part 5

Click on blue

hyperlinks

What are Human Rights?

Human Rights are universal legal guarantees protecting individuals and groups against actions that interfere with fundamental freedoms and human dignity.

Important characteristics of human rights: Legally protected Obligate states and state actors Cannot be waived or taken away Interdependent and interrelated Universal All -American

Sampling of Human Rights

Right to Non-DiscriminationRight to Self-DeterminationFreedom from TortureRight to PrivacyRight to Special Protections for

Women and Girl ChildrenRight to Adequate Standard of LivingRight to HealthcareRight to Social Services

Also, think of Human Rights as…

Values - Human rights as values that remind us that all humans deserve to be treated with dignity, fairness, equality and be given opportunity

Tools - Human rights as additional tools that we can use to assist our clients

Movement - Human rights tying an issue to a broader movement that we can connect with in order to achieve social change for clients

Why Human Rights?

Human Needs and Human RightsWhat do all people need to live in

dignity?Should meeting those needs depend on

charity?Believe that human needs are rights

instead of charity

Why Human Rights?

International human rights norms and law help fill in gaps where domestic law falls shortInterpretive guideFraming tool

Legitimize economic, social and cultural rights Build jurisprudence

Go beyond LAW to JUSTICE

Human Rights Law Sources

Treaties contracts between governments

Customary International NormsDeclarations and Resolutions

issued by international bodies not “binding” but provide evidence of

agreement by international community Comparative International Case Law

Foreign courts, international or human rights bodies. Also, US Courts.

General Principles and Guidelines

Human Rights Treaties Ratified by the US

The International Covenant on Civil and Political Rights (ICCPR)

The International Convention on the Elimination of All Forms of Racial Discrimination (CERD);

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

2 Optional Protocols to the Convention on the Rights of the Child (children in armed conflict, sale of children/child prostitution/child pornography)

Human Rights Treaties Signed by the US (not ratified)

Convention on the Elimination of Decimation Against Women (CEDAW)

Convention on the Rights of Persons with Disabilities (CRPD)

Covenant on Economic, Social and Cultural Rights (CESCR)

Convention on the Rights of the Child (CRC)

Ratified Treaties as Supreme Law of the Land

SUPREMACY CLAUSE: U.S. Constitution Article IV [2]

This Constitution and the Laws of the United States which shall be made in Pursuance thereof, and all Treaties made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

“RUDs”

The U.S. often enters a "reservation“ or “understanding” or “declaration” to its full adherence to a treaty. Treaties are "non-self-executing,“

Congress must enact “implementing legislation” separately.

No private right of action; individuals cannot sue for violation of rights recognized under the treaties.

Treaty protections go no further than corresponding protections in domestic law

How is human rights law relevant to U.S. courts and policymakers?

1. Some state constitutions may support, if not compel, looking to international law for legal interpretation of domestic law.

2. Human rights jurisprudence may offer precedent and models more on point for the case than anything in the federal system or sister states.

3. State courts should interpret U.S. law as consistent with international law whenever possible. See Murray v. The Schooner Charming Betsy, 6 U.S. 64 (1804).

4. Where there is no controlling U.S. law, state courts should look to customary international norms for guidance for its decision See Roper v. Simmons, 543 U.S. 551, 578 (2005).

5. State courts should be part of the transnational dialogue on human rights simply because it is a vital conversation that promotes universal values.

When the Government is Not a Party to the Suit

• International human rights conventions by nature bind governments, not private parties.

• However, there are human rights arguments that can be made when government is not a party• Examples?

• a divorce case where one party might argue that a local statute discriminates against women or same sex partners.

• when a party is arguing that they are third party beneficiaries to a contract between the government and a private entity, such as a public housing contractor in an eviction case or a bank in a foreclosure case.

Human Rights in Oregon

Sterling v. Cupp, 625 P.2d 123 (Or. 1981). Cited by human rights advocates across

the U.S. Oregon Supreme Court used HR law to

interpret state constitutionConsidered the “Worldwide concern

recognized by the United Nations and other multinational bodies”

Human Rights in Oregon Cont’d

Portland Human Rights Commission created in 2011:

“…the Human Rights Commission shall be guided by the principles embodied in the United Nations Universal Declaration of Human Rights and by the Portland Plan Equity initiative.”

Portland City Code Chapter 3.128, http://www.portlandonline.com/auditor/index.cfm?c=28148

Contact Information

Lauren BartlettResearch and Training DirectorAmerican University Washington College of law Center for Human Rights & Humanitarian Law (202) 895-4556bartlett@wcl.american.edu

**All or portions of this presentation can be duplicated and distributed without charge with proper attribution **